Archive for May, 2009

Slander of Title and Foreclosure Defense

Tuesday, May 26th, 2009

Various news services over the weekend reported that the number of foreclosures in Florida will increase – primarily due to the deteriorating job market. Now not only will sub-prime borrowers continue to get foreclosed, but average borrowers, who had good credit (or so-called prime borrowers) are now being foreclosed. Unfortunately, many of these homeowners are losing their income and even when jobs get replaced, the new job is usually lower-paying and will not support the mortgage payment.

So it is in that scenario that we are glad when a foreclosure mill has to pay us our legal fees in a wrongful foreclosure case such as in the situation below.

The Florida Wrongful Foreclosure Defense Case
The facts were simple. The bank sued the wrong condo unit owner. Our client had been making all his payments yet somehow the bank and their counsel sued the wrong condo-owner. They slapped a lien on the wrong unit and that is where they crossed the line. The legal name for this situation is slander of title! Well when the bank’s counsel learned of their error, we were more than gracious to settle quickly and get the lien released and, yes… get our fees paid.

It’s a small victory… but when confronted with the long odds we face each day… yes we take professional pride in these small victories. It’s like David and Goliath. We are David representing all the average folks while the billion and trillion dollar banks are Goliath… literally. We truly believe the banks caused this crisis that has affected the whole economy. They knew or should have known that paying originators to effectively lie and cheat as long as they provided a live borrower who could make one monthly mortgage payment would ultimately spell disaster.
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Statewide Solutions for Florida Foreclosures?

Wednesday, May 13th, 2009

Today’s Daily Business Review includes Roy Oppenheim discussing the possible Florida Supreme Court task force to regulate the process of foreclosure. Read on for the full story.


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Florida Supreme Court
Task force hopes to standardize management of excessive foreclosures

Florida Supreme Court task force on home foreclosures plans to propose uniform case management and design a model mediation program to deal with the glut of foreclosure cases tying up the state’s legal system.

In an interim report released this week, the task force said uniform statewide solutions are needed “to avoid a patchwork of independent and confusing requirements.” But the task force is short on details, making it difficult for those working on foreclosure cases to comment on the proposals.

“At this point, it’s a little uncertain how things are going to proceed other than we expect some time in August to have a final recommendation from this task force,” said Fort Lauderdale attorney Eric Schwartz, who represents licensed mortgage lenders.

The 14-page report plus attachments notes the obvious: mortgage foreclosure filings have exploded. In three years, state courts have seen filings increase by 400 percent, and Florida has the fourth highest foreclosure rate nationally.

But instead of receiving increased infrastructure or funding, the court system has suffered cutbacks as the economy plummeted, and judges are juggling a backlog.

Supreme Court Justice Barbara Pariente said the court must try to balance the interests of lenders and borrowers when drafting a plan, and she emphasized the need for statewide standards.

Pariente, who had not seen the report when she was interviewed, said she does not know what the answer is but knows it’s important that the process be efficient and guarantee each borrower who wants a day in court can have one.
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Loan Auditors and Foreclosure Defense: The Real Story

Wednesday, May 6th, 2009

The Daily Business Review’s Terry Sheridan called Oppenheim Law to talk about how loan auditors are becoming a hot commodity in helping homeowners with today’s foreclosure maze.

Here is the full story as seen in the May 5th issue of the Daily Business Review.

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Loan auditors review contracts for mistakes, but critics question usefulness
A mid growing efforts to help home owners avoid foreclosure, loan auditors are elbowing for a seat at the table.

Attorneys and home owners hire the companies for $500 to $1,000 to comb through mortgage documents for questionable disclosures or improper fees that could be used to delay or prevent foreclosure. And some loan auditors say they will trace ownership of a loan note. The document is critical, because without that paper trail, a lender can’t foreclose.

“They are the latest cottage industry to spring up because of the housing and financial downturn,” said real estate and foreclosure attorney Roy Oppenheim of Oppenheim Pilelsky in Weston.

How many auditors exist isn’t certain, and the companies aren’t licensed or regulated. As for their services, no one seems able to agree on how useful audits are.

Oppenheim says at some time he may use an auditor. But for now, his clients don’t want to spend the money.

“We get hired to handle a foreclosure, not a counterclaim against a bank,” he said.

On the other hand, foreclosure defense attorney Peter Ticktin of the Ticktin Law Group in Deerfield Beach said he believes fighting the banks on behalf of his clients is exactly why auditors are essential.
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